Mira Devi @ Meera Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27308 of 2023 Arising Out of PS. Case No.-45 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== 1.
MIRA DEVI @ MEERA DEVI WIFE OF CHUMAN SINGH @ SAMRENDRA PRATAP SINGH R/O VILLAGE- MATHIYA BHOPAT, P.S.- LAKHAURA, DISTRICT- EAST CHAMPARAN 2.
SONI DEVI WIFE OF UJJAWAL SINGH @ VISHAL SINGH R/O VILLAGE- MATHIYA BHOPAT, P.S.- LAKHAURA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-05-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have prayed for regular bail in a case instituted for the offence under Sections 341, 323, 302, 379, 448, 34 of the Indian Penal Code.
The allegation against the petitioners along with others is of assaulting to the informant and his family members due to which, they sustained injuries and the father of the informant namely, Shailendra Pratap Singh succumbed to injury. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They
Patna High Court CR. MISC. No.27308 of 2023(2) dt.24-05-2023 2/3 have committed no offence. There is general and omnibus allegation against these petitioners of assaulting. The factum of land dispute between the parties being agnates. During investigation and even, as per the statements of the informant and wife of the deceased Nirmala Devi stated that specific allegation of assaulting to the informant's father by means of Lathi is attributed to co-accused Vishal Singh @ Ujjawal Singh. He further submitted that the allegation against these petitioners is that they assaulted the informant's father but the Postmortem report does not corroborate the allegation levelled in the FIR because the doctor opined that the injuries were caused by hard and blunt substance. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 10.02.2023.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as petitioners being lady, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount
Patna High Court CR. MISC. No.27308 of 2023(2) dt.24-05-2023 3/3 each to the satisfaction of the learned A.C.J.M.-3rd, Sikrahna (Dhaka), East Champaran in connection with Ghorasahan P.S. Case No. 45 of 2021.
(Sunil Kumar Panwar, J) arish/- U T